This page explains some of the key terms you’ll need to know when completing electronic transactions in PEXA.

A

Active Jurisdiction

The active jurisdiction is defined as the jurisdiction(s) available to complete property transactions online, as set out in the Service Charter. These transactions are completed on the Electronic Lodgement Network (ELN), currently operated by PEXA. The active jurisdiction for an electronic transaction is determined by the geographical location of the land identified in the Certificate of Title.

PEXA, is currently live in five active jurisdictions: Victoria, New South Wales, Queensland, South Australia and Western Australia.

Refer to the Participation Agreement for further information.

Authorisation/Authorised

This is defined as the provision of approval to complete an activity within PEXA, for example providing authorisation for the movement of funds to enable financial settlement.

In order to provide authorisation, PEXA users must have a Digital Certificate, and are required to digitally sign using their Digital Certificate.

Refer to the Participation Agreement for further information.

Authorised Signatory

An authorised signatory, is a person(s) who has been nominated by their organisation to digitally sign actions in PEXA, on behalf of their organisation.

For example, a trust account authorised signatory can confirm movement of funds from the organisations’ Trust Account in order to affect financial settlement.

Australian Registrars' National Electronic Conveyancing Council (ARNECC)

The body established to facilitate the implementation and ongoing management of the regulatory framework for National e-Conveyancing.

ARNECC developed and maintain the Model Participation Rules (MPR) and the Model Operating Rules (MOR), which outline the governance and compliance regulations that apply to operators and users of the Electronic Lodgement Network (ELN).

C

Caveator on Title

Caveator on Title is a role in PEXA which refers to the represented party who currently has a Caveat registered on the Certificate of Title.

Client Authorisation

Client Authorisation is defined as consent provided by the client for a PEXA Member to transact on their behalf in PEXA (as outlined in the Model Participation Rules). In order for a PEXA Member to complete conveyancing matters electronically on behalf of a buyer or seller client, authorisation must be provided. Client Authorisation is not required for Caveats, Priority/Settlement Notices, Extensions of Priority Notices or Withdrawals of Priority/Settlement Notices.Client Authorisation is obtained using the Client Authorisation Form.

Refer to the Electronic Conveyancing National Law for further information.

Control of the Right to Deal (CoRD) (NSW Only)

In New South Wales, Control of the Right to Deal (CoRD) refers to the right of a party to control the registration of most Land Registry instruments that could affect ownership of the estate or other registered interests in the estate.

CoRD can be held by the following parties:

If there is a registered mortgage, CoRD could be held by the party who holds the mortgage

If there a charge against the title, CoRD could be held by the party who holds the charge

If there is no registered mortgage, CoRD is held by the party listed on the title (registered proprietor)

Consent (NSW Only)

In New South Wales, for a transaction to be successfully lodged the CoRD Holder must provide consent for the transaction. To provide consent, the CoRD Holder must lodge an authorisation document, known as a Consent document, with the New South Wales Land Registry.

E

Electronic Certificate of Title

An eCT is a digital version of a Land Title. eCT’s support the framework developed to enable successful completion of online conveyancing transactions.

Electronic Lodgement Network (ELN)

The ELN refers to the framework developed to support the electronic lodgement of registry instruments or other electronic documents for the purposes of land titles legislation, currently operated by PEXA.

Refer to the Electronic Conveyancing National Law for further information.

I

Incoming Caveator

Incoming Caveator is a role in PEXA, which is used to describe the represented party who intends to lodge a Caveat on a Certificate of Title.

Incoming Mortgagee

Incoming Mortgagee is a role in PEXA, which is used to describe the party (or the represented party) who intends to lodge and register a new mortgage on a Certificate of Title.

Incoming Proprietor

Incoming Proprietor is a role in PEXA, which is used to describe the represented party who intends to be recorded on the Certificate of Title as the new vendor/proprietor of the property. This party is commonly referred to as the purchaser.

L

Lodgement Instructions

The lodgement instructions are an automatically generated electronic form which outlines the information required by the Registrar, for a registry instrument(s) to be successfully lodged with a Land Registry.

Refer to the Model Participation Rules for further information.

Lodgement Verification

Lodgement verification is an automatic check which is completed between PEXA and the Land Registry, to ensure that the required registry instrument(s) can be successfully lodged with the Land Registry.

Refer to the Model Operating Requirements for further information.

M

Model Participation Rules (MPR)

The MPR is a document that outlines the regulatory requirements of PEXA Members. These rules are determined by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) on behalf of the Registrars’.

Refer to the Model Participation Rules for further information.

Mortgagee on Title

Mortgagee on Title is a role in PEXA, which is used to describe the party (or the represented party) who currently has a registered mortgage on a Certificate of Title.

P

Proprietor on Title

Proprietor on Title is a role in PEXA, which is used to describe the represented party who is currently named as the owner of the property. This party is commonly referred to as the Vendor.

PEXA Member

A Member is the term used to refer to an entity or person who is authorised under a Participation Agreement to use the Electronic Lodgement Network (ELN) to complete e-Conveyancing transactions on behalf of another person or themselves. Subscribers are often referred to as Subscribers.

R

Registry Information Supply (RIS)

Registry Information Supply (RIS), refers to the Land Registry service where they supply relevant land title information. Once supplied, Land title information is displayed in PEXA, to assist with the successful completion of conveyancing transactions.

Registration Information Supply (RIS) is automatically initiated when a PEXA Workspace is created as well as when a land title is added to an existing PEXA workspace.

Refer to the Model Participation Rules for further information.

Responsible Subscriber

Responsible Subscriber refers to the Workspace participant, who will incur the lodgement fees related to the e-Conveyancing transaction completed. The Responsible Subscriber is also responsible for managing the resolution of any requisitions issued by the Registrar. In paper transactions, they are commonly referred to as the lodging party.

Refer to the Model Participation Rules for further information.

S

Subscriber

A Subscriber is the term used to refer to an entity or person who is authorised under a Participation Agreement to use the Electronic Lodgement Network (ELN) to complete e-Conveyancing transactions on behalf of another person or themselves. Subscribers are often referred to as PEXA Members.

Refer to the Electronic Conveyancing National Law for further information.

Subscriber Administrator / Manager

This term describes a person(s) within a PEXA Member organisation, who has access to complete administration tasks on behalf of their organisation, these include:

managing workgroups,

creating and maintaining user details; and

assisting users as required.

As well as being able to complete administrative functions, a Subscriber Manager is also able to update information relevant to the organisation in the subscriber profile.

Refer to the Participation Agreement or the Model Participation Rules for further information.

T

Title Activity Check

A TAC is automatically completed to determine whether any activity has been recorded against the title. A positive TAC indicates that activity has been recorded against the title.

Refer to the Model Participation Rules for further information.

U

User

A person(s) within a PEXA Member organisation who is authorised to access and use the Electronic Lodgement Network (ELN) e.g. PEXA. A user can be assigned certain permissions, for example, the permission to sign land registry documents.

Refer to the Model Participation Rules for further information.

V

Verification of Identity

VOI refers to a process by which a person(s) identity can be proven. VOI is completed as defined in the Model Participation Rules (MPR). To transact on behalf of your clients’, you are required to complete a VOI for each client that you represent in PEXA.

Refer to the Model Participation Rules for further information.

W

Workspace

The term Workspace, refers to a shared online area within PEXA, where participants can communicate with each other and complete tasks in preparation for an electronic property transaction.

Refer to the Model Participation Rules for further information

Workgroup

A workgroup, refers to a team of users assigned to complete tasks in PEXA. Creating a workgroup is particularly beneficial for large organisations which include several office locations or multiple business units.